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Issues: (i) Whether the Sessions Court had jurisdiction to stay the operation of a Magistrate's order granting bail; (ii) whether the accused were entitled to bail under the statutory period prescribed by Section 167(2) of the Code of Criminal Procedure, 1973.
Issue (i): Whether the Sessions Court had jurisdiction to stay the operation of a Magistrate's order granting bail.
Analysis: Cancellation of bail is a final step requiring consideration of the material and hearing both sides. Section 439 of the Code of Criminal Procedure, 1973 empowers the Sessions Court to cancel bail, but it does not confer power to pass an interim order that suspends or stays an existing bail order. Such a stay operates as a temporary cancellation of bail, a power not vested in the Sessions Court. Any such preventive power may exist in the High Court's inherent jurisdiction, but not in the Sessions Court.
Conclusion: The Sessions Court had no jurisdiction to stay the Magistrate's bail order.
Issue (ii): Whether the accused were entitled to bail under the statutory period prescribed by Section 167(2) of the Code of Criminal Procedure, 1973.
Analysis: The investigation related to an offence not punishable with death, imprisonment for life, or imprisonment for a term not less than ten years, and therefore fell within the sixty-day period under the proviso to Section 167(2) of the Code of Criminal Procedure, 1973. Since the charge-sheet was not filed within that period, the accused acquired a right to be released on bail. Continued custody caused by the interim stay could not defeat that statutory entitlement.
Conclusion: The accused were entitled to statutory bail and could not be detained beyond the prescribed period.
Final Conclusion: The impugned stay order was set aside and the petitioners' release on bail stood protected by the statutory mandate.
Ratio Decidendi: A Sessions Court may cancel bail under Section 439 of the Code of Criminal Procedure, 1973 after due inquiry, but it has no power to pass an interim order staying a Magistrate's bail order, and a statutory right to bail under Section 167(2) cannot be defeated by such a stay.
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